records that you were unable to reasonably perform the duties of
your rank because of the effects of Reiter’s syndrome or any
other condition. Accordingly, and as there were no provisions
of law for the disability retirement of enlisted service members
prior to 1 October 1949, when the Career Compensation Act of
1949 became effective, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.
If you believe that you are still suffering from residual
effects of the Reiter’s syndrome or any other condition that was
incurred in or aggravated by your service in the Marine Corps,
you should submit an application for disability benefits to the
Department of Veterans Affairs (VA), which will expeditiously
process your claims.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to have
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board. In this regard, it is important to keep in mind that
a presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official
naval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
W. DEAN PF
Executive Dir
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 09177-07
12 September 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 4 September 2008. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted
of your application, together with all material submitted in
Support thereof, your naval record and applicable statutes,
regulations and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that although you were diagnosed with Reiter’s
syndrome in June 1946, you were considered fit for duty on 13
August 1946. You underwent a pre-separation physical examination
on 26 August 1946 and were found physically qualified for
separation. You were honorably discharged for the convenience
of the government on 28 August 1946.
The Board was not persuaded that you were unfit for duty by
reason of physical disability at the time of your discharge from
the Marine Corps, as there is no indication in the available
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